TRUNG THU HYDROPOWER PLANT INVESTMENT & 2016-05-20 ¢  TRUNG THU HYDROPOWER PLANT INVESTMENT & CONSTRUCTION

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  • RESETTLEMENT PLAN (RP)

    Type of document: Resettlement plan (RP)

    July 2014

    TRUNG THU HYDROPOWER PLANT INVESTMENT & CONSTRUCTION PROJECT

    In Muong Cha district, Tua Chua – Dien Bien province

    Prepared by: Trung Thu Hydropower JSC.

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    ABRREVIATION

    AHH Hộ BAH Affected household AP Người BAH Affected person/people CPC UBND xã Commune people’s committee DMS Detailed measuring survey DPC UBND huyện District people’s committee DRC Hội đồng ĐB-TĐC District resettlement and compensation board EMPF Khung Chính sách Ethnic Minority Policy Framework EMDP Kế hoạch phát triển DTTS Ethnic Minority Development Plan GOV Chính phủ Vietnames Government HH Hộ Household IOL Inventory of losses LAR Land acquisition and resettlement LURC Giấy CNQSDĐ Land use right certificate MOF Bộ TC Ministry of Finance MOLISA Bộ LĐ-TB-XH Ministry of Labour, Invalids and Social Affairs NGO Tổ chức phi chính phủ Non-governmental organisation HPW CTTĐ Hydropower Work/plant OP 4.12 Operational Policy 4.12 by the World Bank PPC UBND tỉnh Provincial People’s Committee RAP Kế hoạch TĐC Resettlement action plan TOR Terms of Reference USD Đô la United State dollar VND Đồng Vietnamese dong WB NHTG (Ngân hàng) World Bank

    WEIGHT AND INDEX EQUIVALENTS

    ha – Hectare

    km - Kilometer

    m - meter

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    DEFINITION OF TERMS

    Affected person (AP/Affected Household)

    - Refers to any person or persons, household, firm, private or public institution that, on account of changes resulting from the Project, will have its (i) standard of living adversely affected; (ii) right, title or interest in any house, land (including residential, commercial, agricultural, forest and/or grazing land), water resources or any other moveable or fixed assets acquired, possessed, restricted (like as safety zone) or otherwise adversely affected, in full or in part, permanently or temporarily; and/or (iii) business, occupation, place of work or residence or habitat adversely affected, with or without displacement.

    In the case of affected household, it includes all members residing under one roof and operating as a single economic unit, who are adversely affected by a project or any of its components.

    Cut-off date

    - This refers to the date prior to which the occupation or use of the project area makes residents/users of the same eligible to be categorized as AP. Persons not covered in the census are not eligible for compensation and other entitlements, unless they can show proof that (i) they have been inadvertently missed out during the census and the IOL; or (ii) they have lawfully acquired the affected assets following completion of the census and the IOL and prior to the conduct of the detailed measurement survey (DMS).

    Detailed Measurement Survey (DMS)

    - With the aid of the approved detailed engineering design, this activity involves the finalization and/or validation of the results of the inventory of losses (IOL), severity of impacts, and list of APs earlier done during RP preparation. The final cost of resettlement can be determined following completion of the DMS.

    Entitlement - Refers to a range of measures comprising compensation, income restoration support, transfer assistance, income substitution, relocation support, etc. which are due to the APs, depending on the type and severity of their losses, to restore their economic and social base.

    Host community - Means the community already in residence at a proposed resettlement or relocation site.

    Income restoration - This is the re-establishment of sources of income and livelihood of the affected households.

    Inventory of loss (IOL)

    - This is the process where all fixed assets (i.e., lands used for residence, commerce, agriculture, including ponds; dwelling units; stalls and shops; secondary structures, such as fences, tombs, wells; trees with commercial value; etc.) and sources of income and livelihood inside the Project right-of-way (ROW) are identified, measured, their owners

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    identified, their exact location pinpointed, and their replacement costs calculated. Additionally, the severity of impact to the affected assets and the severity of impact to the livelihood and productive capacity of APs will be determined.

    Land acquisition - Refers to the process whereby an individual, household, firm or private institution is compelled by a public agency to alienate all or part of the land it owns or possesses to the ownership and possession of that agency for public purposes in return for compensation at replacement costs.

    Rehabilitation

    - This refers to additional support provided to APs losing productive assets, incomes, employment or sources of living, to supplement payment of compensation for acquired assets, in order to achieve, at a minimum, full restoration of pre-project living standards and quality of life.

    Relocation

    - This is the physical relocation of an AP from her/his pre-project place of residence and/or business

    Replacement Cost The term used to determine the value enough to replace affected assets and/or cover transaction costs necessary to replace the affected assets without depreciation for such assets as well as material advantage, taxes and/or travel expenses.

    Replacement cost Study

    - A process related to evaluating alternative replacement cost for land, housing or other assets based on empirical data as follows:

    (i) Productive land (Agricultural, fishpond, garden, and production- forest) based on market prices that reflect recent land sales, and in the absence of such recent sales, based on productive value;

    (ii) Residential land based on market prices that reflect recent land sales, and in the absence of such recent land sales, based on similar location attributes;

    (iii) Houses and other related structures based on current market prices of materials and labor without depreciation nor deductions for salvaged building materials;

    (iv) Standing crops equivalent current market value of the crop at the time of compensation;

    (v) Perennial crops and trees, cash compensation equivalent to current market value given the type, age and productive value (future production) at the time of compensation.

    (vi) Timber trees, based on diameter at breast height at current market

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    prices.

    Resettlement

    - This includes all measures taken to mitigate any and all adverse impacts of a project on AP property and/or livelihoods, including compensation, relocation (where relevant), and rehabilitation as needed.

    Resettlement Plan (RP)

    - This is a time-bound action plan with budget setting out compensation and resettlement, ethnic minority strategies, objectives, entitlement, actions, responsibilities, monitoring and evaluation.

    Severely affected households

    -

    This refers to affected households who will (i) lose 20% or more of their total productive land and/or assets, (ii) have to relocate; and/or (iii) lose 20% or more of their total income sources due to the Project.

    Vulnerable groups - These are distinct groups of people who might suffer disproportionately or face the risk of being further marginalized from social development by the effects of property loss and land or other project impacts. The resettlement plan (RP) determines vulnerable households specifically include: (i) female headed households with many dependants and without support, (ii) illiterature headed households; (iii) disabled household heads, (iv) households falling under the generally accepted indicator for poverty promulgated by Ministry of Labour, Invalids and Social Affairs, (v) children and the elderly-headed households who are landless and with no other means of support, and (v) Severely affected households

    Practical consultation A process (i) is early started right at beginning of the project and consecutively continued during project progress; (ii) which includes timely disclosure of related project information which is understandable and easy to access by the affected people; (iii) is conducted in an environment of no threatening and force or enforcement; (iv) is integrated and met gender sensitive issues, adjusted as per required by the disadvantaged and vulnerable groups; and (v) creates conditions to include related view points of affected people and other stakeholders into decision making process like project design, itigation measures, sharing interest and development opportunities, and implementation issues.

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    TABLE OF CONTENT

    EXECUTIVE SUMMARY .................................................................................................................. ix

    I. GENERAL INTRODUCTION ....................................................................................................... 1

    A. Overview of Renewable Energy Development Project ............................................................... 1

    B. Trung Thu